TFA pending bill report 4-4-16: Constitutional Carry derailed but not dead!

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Subject: TFA pending bill report 4-4-16: Constitutional Carry derailed but not dead!

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April 4, 2016

Establishment Republicans to blame for the lack of progress on Constitutional Carry and the elimination of gun free zones in Tennessee

Normally, TFA tries to send out pending legislation reports on Friday while the legislature is in session but this past Friday was April 1st and there was just too much irony in that fact when you contrast it against the media assertion that Tennessee has the most conservative legislature in the nation.

It has been a busy 2016. We have seen repeated instances of broken promises on core constitutional issues like Constitutional Carry which at present is effectively defeated (not completely - see below) by the super majority of "Republicans" in the Tennessee legislature. Tennesseans will continue to suffer the oppression of their rights, rights guaranteed by the constitution, while several other states are actually passing constitutional carry in 2016 such as Idaho, West Virginia and soon Mississippi!

What has Tennessee done? Well, this past weekend it made national news - repeatedly - as the Tennessee Republican Party leadership pulled out a whole new bag of shenanigans and dirty tricks in a continuing effort to reject what the rank and file citizens voted for in the delegate selection process and to implement what the establishment oligarchy deems best ... just like every benevolent ruler thinks they have the right to do. With misconduct like this, is it any wonder that efforts to pass laws based on core constitutional principles are rejected by legislative leaders and a "governor" who may be one of the worst in the state's history?

But as long as the legislature is in session, the chance to implement constitutional carry in Tennessee in 2016 is not dead. However, to enact it will require that the citizens take forceful action, enough action to overcome the blocking, stonewalling, shenanigans and dirty tricks of Tennessee's governor and its legislative leadership.

Tennessee can pass Constitutional Carry this year but this is what will be required!

The bills will have to be brought directly to the House and Senate floors for a vote by all legislators. We cannot accept the abuses of the committee system which leadership and the governor use to disenfranchise the voters. We must demand that existing rules of order be invoked to "RECALL" the bills directly to the floor for floor debates and votes. At least then, it will either pass or we will have votes from every elected legislator in an election year on whether they did or did not support constitutional carry in Tennessee.

There are at least 3 sets of bills that could be RECALLED to the House and Senate floors that address Constitutional Carry. These are:

SB0780 (Beavers) / HB0535 (Womick) - Filed in 2015 but still active implements constitutional carry.

SB1483 (Green) / HB1748 (Matheny) - Filed in 2016, would implement constitutional carry

SB2273 (Beavers) / HB2146 (Womick) - Filed in 2016, similar to SB0780.
Of these three sets of bills, the shortest one that makes the fewest changes to the existing statutes (and thus perhaps more easily debated and passed) is SB1483/HB1748.

Each of these bills sets can be RECALLED to the floor. In the Senate, the recall motion (which the senate sponsor must file) requires a 50% vote to recall. In the House, the recall motion (which the house sponsor must file) requires a 66% vote to recall.

This is what you need to do today if you want Constitutional Carry recalled to the floors for votes by your elected officials.

Call your House and Senate members. If you do not already have their contact numbers (office, home, cell or for some their "girlfriend's number") then at least look up their office number on the legislative directory.
Call them every day. Ask to speak with the legislator or for a callback. If you only get the office staff, be kind to them because we know some of them are already frustrated with their "bosses" over their failure to take their oaths seriously.
Email your House and Senate members. Create a paper trail. Once again, don't limit yourself to their "official" email addresses but use their personal email addresses if you have them as well. If you need to look up their official email addresses, look on the legislative directory.
Find their social media resources. Facebook, Twitter, even LinkedIn or, for some, perhaps other "social" sites. Plaster their social media sites with requests.
Then do it all again and again until they understand that this is not just a passing phase.

What to say (assuming we focus on the Green/Matheny bill)? Perhaps something like this or in your own words:

"I am a constituent. I am very serious about seeing Constitutional Carry enacted in Tennessee. I understand that the bill was stalled this year by the Senate Judiciary Committee on a tie vote. I am requesting that you contact the Senate Sponsor, Senator Mark Green, and the House Sponsor, Rep. Judd Matheny, and tell them in writing that you will co-sponsor the motion to recall this bill directly to the floor for a full discussion and debate on the merits. Please respond and let me know if you have done this or are refusing to do this."

It is that simple to be a citizen advocate. You have the right - the constitutional right - to have your elected officials debate and vote on your 2nd Amendment protected rights. You have that right. But, you must demand it. Each of these legislators have the right to demand that this bill be recalled from the black hole of the leadership manipulated committee system.

Don't let them blow you off by talking about the "sanctity" of the "committee system" - there is no sanctity when government officials hide behind rules to intentionally and knowingly infringe constitutionally protected rights.

There is no "sanctity" when leadership selectively uses rules to disenfranchise the voters!

Act today! When you do, make sure you Tweet and FB and encourage others to do likewise!

Legislative Update Report

The table below contains a list of legislation that TFA is tracking. This is not the entire list but only those bills which have had activity in the last 7 days.

The bills marked in Green are supported by TFA, those in Blue are being watched but TFA has not taken a position, and those in Red are opposed at this time as written.

Please review these bills carefully. Feel free to go to the TFA Facebook group and ask questions or advocate for or against the bills you like.

Make the time to communicate with your legislators. Call them and ask questions. Ask them to sponsor bills you like or appose the ones that you think are not constitutionally sound or, if sound, good public policy.

If you do not already know your legislators or have their phone and email numbers handy, you can get this information on the Legislature's "Find my Legislator" page.


	TFA Legislative Monitor Report
	April 4, 2016

Bill #	Summary	Status
HB1094	As introduced, permits constables who have law enforcement powers to carry firearms at all times and in all places in Tennessee that other law enforcement officers are permitted to carry firearms. - Amends TCA Title 8, Chapter 10 and Title 39, Chapter 17, Part 13.	2016-04-01 / Enrolled Transmitted to Governor for his action.
HB1424	As introduced, reduces the fee for a lifetime handgun carry permit from $500 to $200. - Amends TCA Section 39-17-1351.	2016-03-30 / Introduced Placed on s/c cal Finance, Ways & Means Subcommittee for 4/6/2016
HB1458	As introduced, increases the penalty for reckless endangerment by discharging a firearm from within a motor vehicle from a Class E felony to a Class C felony, and specifies that each person endangered by the conduct constitutes a separate offense. - Amends TCA Section 39-13-103.	2016-03-30 / Introduced Placed on cal. Criminal Justice Committee for 4/6/2016
HB1513	As introduced, authorizes sheriffs and deputy sheriffs to retain service weapon upon retirement and approval by 2/3 vote of county legislative body. - Amends TCA Title 8, Chapter 8, Part 2.	2016-03-29 / Passed Signed by Governor.
HB1641	As introduced, exempts honorably discharged and retired veterans of the United States armed forces from firing range and classroom training requirements for handgun carry permits upon presenting a DD 214 form indicating a discharge or retirement date within five years of application for the permit. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-31 / Introduced Sponsor(s) Added.
HB1736	As introduced, permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. - Amends TCA Title 39 and Title 49.	2016-03-30 / Introduced Placed on cal. Education Administration & Planning for 4/5/2016
HB1749	As introduced, waives the application and processing fee required with a lifetime handgun carry permit application for retired federal, state, and local law enforcement officers who retired in good standing as certified by the chief enforcement officer from the organization from which the applicant retired. - Amends TCA Section 39-17-1351.	2016-03-30 / Introduced Placed on s/c cal Finance, Ways & Means Subcommittee for 4/6/2016
HB1751	As introduced, permits each LEA and each school board for private schools to determine whether someone with a Tennessee-issued handgun carry permit may carry a handgun while on the property of the public or private school and while traveling on school functions with students. - Amends TCA Title 39 and Title 49, Chapter 6.	2016-03-30 / Introduced Placed on cal. Education Administration & Planning for 4/5/2016
HB1964	As introduced, requires the instant check unit of the TBI to contact the agency making an entry of an order of protection into the national crime information center within one day if the subject of the order of protection attempts to purchase a firearm. - Amends TCA Title 36, Chapter 3, Part 6; Title 38, Chapter 6 and Title 39, Chapter 17, Part 13.	2016-03-29 / Enrolled Transmitted to Governor for his action.
HB2026	As introduced, includes certain persons convicted of a Class D felony for theft of property or services, if the value of the property or services obtained is $1,000 or more but less than $10,000 as an offense that may be expunged from a person’s public record. - Amends TCA Title 39 and Title 40.	2016-03-31 / Introduced Sponsor(s) Added.
HB2031	As introduced, permits a person to petition the court for the expunction of multiple convictions provided all the offenses are currently eligible for expunction, the petitioner has completed all requirements of each sentence, and five years have elapsed since the most recent offense. - Amends TCA Title 40, Chapter 32.	2016-03-30 / Introduced Placed on cal. Criminal Justice Committee for 4/6/2016
HB2033	As introduced, establishes that if a person or entity posts to prohibit the possession of firearms on the property, the posting entity, for purposes of liability, assumes custodial responsibility for the safety and defense of any handgun carry permit holder harmed while on the posted property. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-30 / Introduced Placed on s/c cal Finance, Ways & Means Subcommittee for 4/6/2016
HB2193	As introduced, requires all court records be expunged within 60 days and the restoration of a person's status if a case is dismissed or an informal adjustment without adjudication is granted; allows a person adjudicated unruly to petition the juvenile court for expunction. - Amends TCA Section 37-1-153.	2016-03-30 / Introduced Rec. for pass. if am., ref. to Calendar & Rules Committee
HB2389	As introduced, prohibits law enforcement officers of this state and its political subdivisions from enforcing provisions of international law and treaties that limit gun rights under Article I, Section 26 of the state constitution.	2016-03-30 / Failed Received from House, Passed on First Consideration
HB2425	As introduced, lowers the age for receiving a handgun carry permit from 21 years of age to 18 years of age. - Amends TCA Section 39-17-1351.	2016-03-30 / Introduced Placed behind the budget
HB2575	As introduced, makes various changes to handgun carry permits, including extending permit renewals to occur every eight years and lowering the initial application fee from $115 to $100. - Amends TCA Section 39-17-1351.	2016-03-29 / Enrolled Transmitted to Governor for his action.
SJR0391	Urges the President, Congress, and the Secretary of Defense to review and revise law and policy regarding the carrying of firearms by military service members on military installations.	2016-03-31 / Passed Signed by Governor.
SB1477	As introduced, reduces the fee for a lifetime handgun carry permit from $500 to $200. - Amends TCA Section 39-17-1351.	2016-03-30 / Introduced [Hearing: Apr 5 @ 8:30 am in Legislative Plaza Room 12 Lp] Placed on Senate Finance, Ways, and Means Committee calendar for 4/5/2016
SB1490	As introduced, exempts honorably discharged and retired veterans of the United States armed forces from firing range and classroom training requirements for handgun carry permits upon presenting a DD 214 form indicating a discharge or retirement date within five years of application for the permit. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-31 / Engrossed Passed H., as am., Ayes 98, Nays 0, PNV 0
SB1559	As introduced, requires the chief administrative officer of a private K-12 school or private institution of higher education to implement a handgun carry policy that either permits or prohibits a person who has a handgun carry permit from carrying on the grounds or buildings of a private K-12 school or private university. - Amends TCA Title 39; Title 49, Chapter 7, Part 1 and Title 49, Chapter 50, Part 8.	2016-03-29 / Enrolled Transmitted to Governor for action.
SB1613	As introduced, permits the use of certain defenses to unlawful possession or carrying of a weapon by a person with a prior conviction for a felony involving the use of force, violence, deadly weapon, or drugs and whose rights of citizenship have been restored. - Amends TCA Section 39-17-1308.	2016-03-30 / Introduced Action deferred in Senate Judiciary Committee to 4/5/2016
SB1627	As introduced, clarifies that deadly force may be used by nuclear security officers at nuclear power reactor facilities and not just category I nuclear facilities. - Amends TCA Section 39-11-611.	2016-03-28 / Enrolled Transmitted to Governor for action.
SB1714	As introduced, permits a person to petition the court for the expunction of multiple convictions provided all the offenses are currently eligible for expunction, the petitioner has completed all requirements of each sentence, and five years have elapsed since the most recent offense. - Amends TCA Title 40, Chapter 32.	2016-03-31 / Failed Sponsor(s) Added.
SB1760	As introduced, extends immunity from civil liability to national guard members who are authorized by the military department to carry a personally owned handgun while in uniform and who use that handgun in self-defense or defense of others. - Amends TCA Title 58, Chapter 1.	2016-04-01 / Enrolled Transmitted to Governor for action.
SB1859	As introduced, includes certain persons convicted of a Class D felony for theft of property or services, if the value of the property or services obtained is $1,000 or more but less than $10,000 as an offense that may be expunged from a person’s public record. - Amends TCA Title 39 and Title 40.	2016-03-29 / Introduced Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 0
SB2156	As introduced, requires that certain public records be destroyed when certain orders of expunction are granted; defines the effect of an expunction order; establishes the filing fee for the expunction of multiple convictions be $350. - Amends TCA Title 8, Chapter 21; Title 10 and Title 40, Chapter 32.	2016-03-29 / Introduced Assigned to General Subcommittee of Senate Judiciary Committee
SB2238	As introduced, lowers the age for receiving a handgun carry permit from 21 years of age to 18 years of age. - Amends TCA Section 39-17-1351.	2016-03-29 / Introduced Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Voice Vote Ayes 9, Nays 0 PNV 0
SB2249	As introduced, permits each LEA and each school board for private schools to determine whether someone with a Tennessee-issued handgun carry permit may carry a handgun while on the property of the public or private school and while traveling on school functions with students. - Amends TCA Title 39 and Title 49, Chapter 6.	2016-03-30 / Introduced Senate Reset on calendar for 4/6/2016
SB2278	As introduced, increases the penalty for reckless endangerment by discharging a firearm from within a motor vehicle from a Class E felony to a Class C felony, and specifies that each person endangered by the conduct constitutes a separate offense. - Amends TCA Section 39-13-103.	2016-03-30 / Introduced Recommended for passage with amendment/s, refer to Senate Finance, Ways & Means Committee Ayes 6, Nays 3 PNV 0
SB2376	As introduced, permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. - Amends TCA Title 39 and Title 49.	2016-03-29 / Introduced Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0
SB2493	As introduced, prohibits an administrator, professor, or employee of a public institution of higher education from requiring a student or employee to provide information on firearm ownership; prohibits taking adverse disciplinary or employment action against a student or employee of the institution for information on firearm ownership that is voluntarily given. - Amends TCA Title 49.	2016-03-31 / Introduced Re-refer to Senate Cal. Comm.
SB2585	As introduced, requires all court records be expunged within 60 days and the restoration of a person's status if a case is dismissed or an informal adjustment without adjudication is granted; allows a person adjudicated unruly to petition the juvenile court for expunction. - Amends TCA Section 37-1-153.	2016-03-30 / Introduced Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0

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Subject: TFA pending bill report 4-4-16: Constitutional Carry derailed but not dead!